LexThe HIMACHAL PRADESH WAR AWARDS ACT, 1972
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH WAR AWARDS ACT, 1972
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Creation of War Jagirs.
4. Tenure of War Jagirs.
5. Power to attach conditions to enjoyment of War Jagirs.
6. Exemption of War Jagir from attachment.
7. Savings.
8. Certain questions to be referred to the Government for final
decision.
9. Repeal and Savings.
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THE HIMACHAL PRADESH WAR AWARDS ACT, 1972
(ACT NO 9 OF 1972)1
(Received the assent of the Gove rnor on the 20th April, 1972 and was
published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 21st April,
1972, pp. 408-411).
An Act to empower the Himachal Pradesh Government to award Jagirs to
parents, whose children have served in the Arm ed Forces during the
emergency declared under Article 352 of the Constitution of India on
the 26 th October, 1962, or are serving or have served in the Armed
Forces during the emergency declared under Article 352 of the
Constitution of India on the 3rd Dece mber, 1971, or were enrolled or
commissioned for service in his Majesty’s Forces during the Second
World War.
Amended repealed or otherwise affected by,-
(1) H.P. Act No. 7 of 1983 2, assented to by the Governor on 12 th
April, 1983, published in the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 20th April, 1983, pp. 490-491, effective from 15th
August, 1982.
1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra -
ordinary), dated the 19th April, 1972, p. 374.
2. For Statement of Objects and Reaso ns see the Rajpatra, Himachal Pradesh (Extra -
ordinary), dated 11th March, 1983, p. 274.
2 THE HIMACHAL PRADESH WAR AWARDS ACT, 1972\
(2) H.P. Act No. 10 of 1994 1 assented to by the Governor, on 25th
May 1994, published both in Hindi and English in the Rajpatra,
Himachal Pradesh (Extra -ordinary), dated 27 th May, 1994, pp.
1173-1176, effective from 1st January, 1993.
(3) H.P. Act No. 13 of 1998 2, assented to by the Governor, on 21st
August, 1998 , published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra -ordinary), dated 24 th August,
1998, pp. 3193-3196, effective from 1st April, 1998.
(4) H.P. Act No. 10 of 2009 3, assented to by the Governor, on 2 7th
March, 2009, published both in Hindi and English in the Rajpatra,
Himachal Pradesh, dated 31st March, 2009, pp. 8770-8771.
(5) H.P. Act No. 49 of 2013 4, assented to by the Governor, on 20 th
September, 2013, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 26th September, 2013 ,
pp. 3855-3856.
(6) H.P. Act No. 10 of 2020 5, assented to by the Governor, on 26 th
October, 2020, published both in Hindi and English in the
Rajpatra (e -Gazette), Himachal Pradesh, dated 9th
November, 2020, pp. 5065-5067.
BE it enacted by the Legislativ e Assembly of Himachal Pradesh in the
Twenty-third Year of the Republic of India as follows:-
1. Short title, extent and commencem ent.- (l) This Act may be called
the Himachal Pradesh War Awards Act, 1972.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,-
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha . For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), dated 15 th March,
1994, pp. 284 and 286.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha . For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), dated 6 th July,
1998, pp. 2456 and 2458.
3 Passed in Hindi by the Himachal Pradesh Vidhan Sabha.For Statement of Objects and
Reasons see the Rajpatra, Himachal Pradesh, dated 24 th February, 2009, pp. 783 2
and 7835.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh, dated 24 th August, 2013, pp. 2920
and 2922.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra (e -Gazette), Himachal Pradesh dated 1 6th September,
2020, pp. 3581-3582 and 3583.
THE HIMACHAL PRADESH WAR AWARDS ACT, 1972
3
(a) 'eligible person' means-
(i) a citizen of India ordinarily residing in the State of
Himachal Pradesh,
(a) who is the father, or, where the father is dead, the
mother, of the only son or only child who has served
in the armed forces of the Union during the
emergency declared by the President of India under
Article 352 of the Constitution of India on the 26th
October, 1962, or who is serving or has served in the
armed forces of the Union during the emer gency
declared by the President of India under Article 352
of the Constitution of India on the 3rd December,
1971, but does not include a person who has for such
reasons already received a land grant or other award
from the Government of Himachal Pradesh or the
Government of the State of Punjab as it existed
before the re-organisation in the year 1966; or
(b) who is the father, or, where the father is dead, the
mother, of only two sons or only two children both of
whom have served in the armed forces of the Union
during the emer gency declared by the President of
India under Article 352 of the Constitution of India
on the 26th October, 1962, or both of whom are
serving or have served in the armed forces of the
Union during the emerg ency declared by the
President of I ndia on the 3 rd December, 1971, but
does not include a person who has for such reasons
already received a land grant or other award from the
Government of Himachal Pradesh or the Government
of the State of Punjab as it existed before the r e-
organisation in the year 1966; or
(c) who is the father, or, where the father is dead, the
mother, of three or more children who have served in
the armed forces of the Union during the emergency
declared by the President of India under Article 352
of the Constitution of India on the 26th October, 1962,
or who are serving or have served in the armed forces
of the Union during the emergency declared by the
President of India under Article 352 of the
Constitution of India on the 3 rd December, 1971, but
does not include a per son who has for such reasons
already received a land grant or other award from the
Government of Himachal Pradesh or the Government
of the State of Punjab as it existed befor e the re -
organisation in the year 1966; or
4 THE HIMACHAL PRADESH WAR AWARDS ACT, 1972\
(ii) a citizen of India ordinarily re siding in th e State of Himachal
Pradesh who is the father, or, where the father is dead, the
mother, of three or more children who having been at any time
enrolled or commissioned in forces which, before the 15th
August, 1947, were referred to as His Majes ty's Naval, Military
or Air Forces or in the Forces maintained by any of the Indian
States comprised in the State of Himachal Pradesh and who
were liable to serve wherever required and have actually served
in any of the said forces during the Second World War, but does
not include any person who has, for such reasons, already
received land grant or other award from the Gover nment of
Himachal Pradesh or the Government of the State of Punjab as
it existed before the re -organisation in the year 1966 or the
Government of any Indian State aforesaid.
(b) 'Government' means the Government of Himachal Pradesh.
(c) 'War Jagir' means a Jagir granted under this Act.
1[3. Creation of War Jagirs.- Notwithstanding anything contained in any
other law for the time being in force, the Government shall have the power to
grant to an eligible person a War Jagir of the value of 2[seven] thousand rupees
per annum.]
4. Tenure of War Jagirs. - A War Jagir shall, unless terminated wholly
or partially for breach of any condition imposed under section 5, be tenable for the
life- time of the grantee, but Government shall have power to terminate or reduce
it if the grantee subsequently receives a land grant or other award on the sam e
ground on which the War Jagir was granted to him :
Provided that a War Jagir gr anted to an eligible per son, being th e father,
shall, on the death of the father, be tenable for life-time of the mother.
5. Power to attach condition s to enjoyment of War Jagirs. - The
Government may attach such conditions as it m ay deem fit to the enjoyment of
any or all War Jagirs, and such conditions shall be communicated to the grantee at
the time when the grant is made to him.
6. Exemption of War Jagir from attachment. - No War Jagir shall be
liable to seizure, a ttachment or se questration by process of any court at the
instance of a cred itor for any demand agains t the grantee, or in satisfaction of a
decree or order of any court.
7. Savings.- Nothing in this Act shall be deemed to affect the provision of
the Pensions Act, 1871 ( 23 of 1871), or of the Government Grants Ac t, 1895 (15
of 1895), so far as they are applicable to War Jagirs.
1. Section 3 amended vide H.P. Act No. 7 of 1983, H.P. Act No. 10 of 1994, H.P. Act
No. 13 of 1998 and substituted vide H.P. Act No. 10 of 2009.
2. The word “five” s ubstituted for the word “ two” vide Act No. 49 of 2013 again
the word “seven” substituted for th e word “five” vide H.P. Act No. 10 of
2020.
THE HIMACHAL PRADESH WAR AWARDS ACT, 1972
5
8. Certain questions to be referred to Government for final decision. -If
any question arises under this Act-
(a) whether or not a person is an eligible person, or
(b) whether or not a grantee has committed breach of any condition
imposed under section 5,
such question shall be referred to the Government whose decision there
on shall be final and conclusive and shall not be liable to be called
in question in any court.
9. Repeal and Savings. - The East Punjab War Awards Ac t, 1948 (22 of
1948), as in force in the areas added to Himachal Pradesh under section 5 of the
Punjab Re-organisation Act, 1966 (31 of 1966) , and the Himachal Pradesh War
Awards Ordinance, 1972 (1 of 1972), are hereby repealed:
Provided that the repeal shall not affect-
(a) the previous opera tion of any such law so repealed or anything duly
done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or
incurred under any law so repealed ; or
(c) any investigation, legal proceeding or remedy in respect of an y such
right, privilege, obligation or liability as aforesaid;
and any such investigat ion, legal proceeding or remedy may be instituted,
continued or enforced as if this Act had not been enacted :
Provided further that subject to the preceding proviso, any thing done or
any ac tion taken under t he Act and the Ord inance so repealed, so far as it is
consistent with this Act, sha ll be deemed to have been done or taken under the
corresponding provisions of this Act.
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